Repatriation Regulations (Amendment) (Cth)

STATUTORY RULES.

1961. No. 74.

 

REGULATIONS UNDER THE REPATRIATION ACT 1920-1960.*

I, THE Deputy of the ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Repatriation Act 1920-1960.

Dated this first day of June, 1961.

Deputy of the Administrator.

By His Excellency’s Command,

Minister of State for Repatriation.

 

Amendments of the Repatriation Regulations. 

Definitions.

1. Regulation 5 of the Repatriation Regulations is amended by omitting the definition of “child” and inserting in its stead the following definition:—

“‘child’, in relation to a member, means a child, under the age of sixteen years, of the member, being his son, daughter, step-son, step-daughter, adopted child or ex-nuptial child, but not including an ex-nuptial child born more than nine months after the termination of the member’s war service, unless the member has adopted the child;”.

Treatment for disease, &c., not due to war service.

2.—(1.) Regulation 66 of the Repatriation Regulations is amended—

(a) by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) Subject to the succeeding provisions of this regulation and to such conditions as the Commission determines, a Deputy Commissioner may provide medical treatment in the form of active remedial treatment in respect of a disease or disabling condition that is not due to war service for—

(a) a member who is receiving—

(i) a general rate of war pension upon total incapacity under the First Schedule to to the Act;

(ii) a rate of war pension under the Second Schedule to the Act; or

(iii) a service pension;

* Notified in the Commonwealth Gazette on 8th June, 1961.

  Statutory Rules 1943, No. 233, as amended by Statutory Rules 1945, No. 48; 1946, No, 182; 1947, Nos. 72, 106, 149 and 169; 1948, Nos. 38, 43, 80, 135 and 137; 1950, No. 96; 1951, Nos. 7 and 58; 1952, Nos. 7, 88 and 101; 1953, No. 6; 1956, Nos. 32, 73 and 101; 1958, No. 22; and 1960, Nos. 56 and 60.

9520/60.––Price 3d. 9/21.2.1961

 

(b) a person to whom paragraph (b) or paragraph (d) of sub-section (2.) of section 108 of the Act applies; or

(c) a person, being a person to whom section 120 of the Act applies, who is receiving a service pension.”;

(b) by omitting from sub-regulation (2.) the word “pension” (wherever occurring) and inserting in its stead the words “war pension”; and

(c) by adding at the end thereof the following sub-regulation:—

“(5.) A reference to a member in the last two preceding sub-regulations shall be read as including a reference to a person specified in paragraph (b) or paragraph (c) of sub-regulation (1.) of this regulation.”.

(2.) This regulation shall be deemed to have come into operation on the twenty-ninth day of September, 1960.

Allowance to certain widows.

3.—(1.) Regulation 176d of the Repatriation Regulations is amended by omitting the words “Five pounds ten shillings” and inserting in their stead the words “Six pounds”.

(2.) This regulation shall be deemed to have come into operation on the twenty-ninth day of September, 1960.

Extension of certain provisions to 1914-1918 members (general service).

4. Regulation 193 of the Repatriation Regulations is amended by omitting from paragraph (d) of sub-regulation (2.) the words “, but not including any step-son, step-daughter or adopted child who became a dependant after the first day of July, 1931”.

Extension of certain provisions to women members of the Forces.

5. Regulation 196 of the Repatriation Regulations is amended—

(a) by omitting paragraph (c) of sub-regulation (2.) and inserting in its stead the following paragraph:—

“(c) any reference to a member’s child shall be read as a reference to a woman member’s child who, being her son, daughter, step-son, step-daughter, adopted child or ex-nuptial child, is under the age of sixteen years.”;

(b) by inserting after that sub-regulation the following sub-regulations:—

“(2a.) In paragraph (c) of the last preceding sub-regulation, ‘ex-nuptial child’, in relation to a woman member, does not include an ex-nuptial child born to her more than nine months after the termination of her war service, unless she has adopted the child.

“(2b.) Assistance or benefit shall not be granted to or in respect of a child of a woman member under the provisions of Parts III. to XI. (inclusive) of these Regulations unless

the woman member is dead and the child is without adequate means of support or, if the woman member is not dead, unless—

(a) the father or step-father of the child—

(i) is, by reason of physical or mental incapacity, unable to earn a livelihood and is without adequate means of support; or

(ii) is dead or is separated or divorced from, or has deserted, the member; and

(b)the child is wholly or substantially dependent upon the member and is without adequate means of support.”; and

(c) by inserting in sub-regulation (3.), after the word “regulation” (first occurring), the words “or in the last preceding sub-regulation”.

 

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.